North Carolina Eminent Domain Blog

Eminent Domain in North Carolina

de Ondarza Simmons, PLLC represents private property owners in eminent domain (or “land condemnation”) in Raleigh and throughout North Carolina. We have noticed that since the Connecticut condemnation case of Kelo v. City of New London, eminent domain has become a very popular topic of discussion.  But in North Carolina, the law of eminent domain is different than in other states, and it can be complicated.

How does Eminent Domain work in North Carolina?

In eminent domain cases, the government or a utility company may be taking your land for a road or an electrical or natural gas line.  In these cases, the one taking the property (the “condemnor”) could be the government, like the NC DOT, a city, county or a school board. Or it could be a utility, like Progress Energy, Duke Power or PSNC.  Whoever it is, North Carolina has special laws and rules for eminent domain cases. So, for example, what constitutes “just compensation” depends on who is taking your land and a whole series of other questions. Similarly, North Carolina has special rules regarding what type of evidence is admissible in an eminent domain trial.

How we help our clients in eminent domain in NC

As a service to our existing and potential clients, de Ondarza Simmons, PLLC publishes this journal of North Carolina condemnation law. It covers the practical side of the law and looks at North Carolina condemnation statutes, cases, and rules that we find helpful and important in representing our clients in eminent domain in NC. One purpose of the North Carolina Eminent Domain Blog is to help show you what we actually do to successfully represent our eminent domain clients here in North Carolina.

Eminent Domain in North Carolina

One of our focus practice areas is eminent domain in North Carolina. Not long ago, in an NCDOT eminent domain case in Monroe, North Carolina in Union County, we were able to get our client almost twice as much as the NCDOT’s deposit.

No one is happy when the NCDOT is taking your land, but Mary was very happy with the actual just compensation we were able to get for her. Afterward, she wanted to share the following recommendation for other property owners might be facing the NCDOT taking their land in Union County or elsewhere in North Carolina:

Eminent domain attorneys in NCNCDOT was taking part of my land to build a very large bridge over the road in front of my home in Union County.
Some people told me I shouldn’t bother hiring a lawyer, but I am glad I hired Inez.

She came to meet with me and to see my property. She found the best appraiser for my case and came back to see me with him. She met the appraiser at my house and showed him all around my property, what the NCDOT was taking, and the enormous bridge project that was eating up part of my land.

During her visits, Inez took lots of photos and videos, and I gave her others that I had taken also. She sorted through them all and used the best ones to make a presentation at our mediation with the DOT’s lawyer and negotiator. Inez’s presentation was outstanding and really brought home the damage this project was doing to my property.

Inez worked very hard on my case and stayed in contact with me by telephone and email. We settled my case at mediation, and I was very happy with the result.

If the NCDOT is taking your land, I recommend you hire Inez to represent you.

— Mary N.
 Monroe, North Carolina

Of course, this is not the only feedback we have received, and each case is unique and must be evaluated on its individual merits.  So, prior results do not guarantee a similar outcome.

Our Guarantee to Our Clients

We cannot guarantee a particular outcome for your matter.  We only guarantee you will receive our very best efforts in working hard to aggressively represent you and your business and real estate interests.

Are facing an eminent domain case now?

You may be facing an eminent domain case by the NCDOT, a municipality like Charlotte or Holly Springs, or another condemning authority, like a school board, Progress Energy, or even an airport or transit authority. That is never fun, especially if you are new to the unusual eminent domain process and laws here in North Carolina. But we would be happy to discuss your case with you and let you know we can help you get the best possible result.

Personal Attention & Written Preliminary Case Analysis

Ms. de Ondarza Simmons will personally sit down with you, or if it is more convenient for you, we will set up a Skype or telephone conference call. Afterward, we will provide you with a written preliminary case analysis that sets out our fee and an estimate of the costs and fees for your case. That way, you will have a clear, written plan for the path forward for your case.

TO MAKE AN APPOINTMENT to discuss your eminent domain case and get your written preliminary case analysis, you should click here.

Our Clients Tell Us . . .

To read other testimonials, reviews, and recommendations for Inez de Ondarza Simmons from clients and other lawyers, you should click here.


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New Wake County Local Rules for Eminent Domain Cases

December 18, 2012

Rules of the Road and Getting to Just Compensation In addition to the statutes in North Carolina, cases, and the general Rules of Civil Procedure, the Local Rules for each judicial district can play a critical role in eminent domain cases in North Carolina. That is true regardless of whether it is the NCDOT, a […]

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Eminent Domain Damages to Businesses & Commercial Property

December 5, 2012

North Carolina Eminent Domain Takings of Business Property are on the Rise Despite the current bad economy nationally, North Carolina continues to grow, requiring more and more public projects. As a result, North Carolina condemnations and property acquisitions in lieu of condemnations continue to increase. This is also true for condemnations of business properties. If […]

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Adverse Possession and Eminent Domain – What’s the difference?

October 27, 2011
Difference between Adverse Possession and Eminent Domain

Recently, Google has referred several people to our website who have entered the following search phrase, “What is the difference between adverse possession and eminent domain?” de Ondarza Simmons, PLLC helps clients with both. So, we wrote this brief post to help explain the differences. As outlined below, adverse possession and eminent domain are completely separate […]

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Eminent Domain: Condemnor’s Deposit and Your Answer

April 17, 2011
Thumbnail image for Eminent Domain: Condemnor’s Deposit and Your Answer

What the condemnor has to do to take your property Public condemnors are governmental entities with the power of eminent domain, the power to take private property for public purposes.  In North Carolina, public condemnors include the NCDOT, cities, counties, and local school boards.  To take your property, there are several things a public condemnor […]

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